Burnham, Hanna, Munger & Co. v. Greenwich Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) When the contract issued by the insurance company and countersigned and delivered by the agent specifies that the agent is restricted as to the subject-matter of the insurance or as to the manner of changing or extending the contract, or consenting to additional insurance, or other matters by which the risk may be greatly enlarged, and such restrictions or limitations are set out in the contract received…
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) When the contract issued by the insurance company and countersigned and delivered by the agent specifies that the agent is restricted as to the subject-matter of the insurance or as to the manner of changing or extending the contract, or consenting to additional insurance, or other matters by which the risk may be greatly enlarged, and such restrictions or limitations are set out in the contract received and relied upon by the insured, he is in no position to deny that he is not bound by them. To permit it is against all…
1Opinion of the CourtSmith, P. J.
This is an action on a policy of fire insurance; The case, on the record now before us, is not different from that which was presented when it was here on a former appeal, as may be seen by reference to 56 Mo. App. 579; therefore, no other statement of the case need be made than there appears.
When the cause was here on the former appeal, the judgment, which was for the defendant, was reversed and the cause remanded. Since then there has been a retrial in the court below, which resulted in judgment for plaintiffs and from which defendant has appealed. A careful analysis and comparison of the…
2Cases cited21 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Lamberton v. Connecticut Fire InsuranceSupreme Court of Minnesota · 1888
16 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
- Burnett v. American Central InsuranceMissouri Court of Appeals · 1897
- Howerton v. Iowa State InsuranceMissouri Court of Appeals · 1904
5 more not listed; retrieve them via the Exa API.